Jury in 5 Pointz trial to decide if developer should pay up for destroying works at Queens graffiti mecca

The 5 Pointz building on Jackson Ave. and 23rd St. in Long Island City. (DelMundo, Anthony freelance NYDN)

A jury is set to decide whether works at the onetime graffiti mecca 5 Pointz count as federally-protected art — and if a real estate developer needs to pay up for their destruction.

After about three weeks of trial, lawyers for 21 aerosol artists and developer Jerry Wolkoff made their final pitches to Brooklyn federal jurors on Monday.

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The artists insist Wolkoff violated the Visual Artists Rights Act, which protects art of "recognized stature" and open the door for damages when the works are destroyed. There's never been any jury trial under the 1990 law, according to one expert.

Wolkoff had the Long Island City spot's murals and pieces whitewashed overnight in November 2013 as he planned to put up rental towers at the location.

"The whitewash was a senseless and malicious act," Eric Baum, the attorney for the artists, told jurors. He said his clients never got the proper notice they needed to preserve their creations.

A rendering by Mojo Stumer Associates of the interior of the luxury towers being built to replace the 5 Pointz warehouses at Jackson Ave. in Long Island City. (Mojo Stumer Associates)

Wolkoff's lawyer, David Ebert, insisted the artists knew they didn't have a permanent exhibit at 5 Pointz: "There was no secret this thing is coming down."

He acknowledged 5 Pointz was "a great place" and the whitewash was "devastating" to some. But under the terms of the law, it "doesn't translate to you have to give me money," Ebert said.

Whatever the jury verdict may be, it's not the last word on the groundbreaking case.

Last week, the sides agreed the jury's rulings would be advisory, according to a transcript from Friday. Judge Frederic Block said jurors "can decide all the issues and then I will make the decision."